Strauss v. Railroad Co.
West Virginia Supreme Court
Appeal, by the Chesapeake and Ohio Railroad Company, from a judgment of the circuit court of Kanawha county, rendered on the 16th day of June, 1873, in a proceeding in garnishment, therein pending, in favor of Samuel Strauss against tbe said Railroad Company, as debtors of M. Iiealey & Co., who were judgment debtors' of said Strauss. The material facts appear in the opinion of the Court. The Hon. Joseph Smith, judge of said circuit court, presided at the time, below.
1Opinion of the Court
Patted, Judge :
The plaintiff having brought suit against M. Healey & Co., sued out, on the first day of December, 1871, from the clerk’s office of the circuit court of Fayette county, an order of attachment, requiring the sheriff of Kanawha county to attach and take into his possession the estate of the defendants, sufficient to pay the sum of $300, and' the costs of suit. On this order, the plaintiff designated, by his endorsments, the Chesapeake and Ohio Railroad Company as a party indebted to, or having in its possession, the effects of the defendants, M. Healey & Co. And a summons was…
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